A person who from birth has a number of physical, psychological or mental limitations is assigned the status of a disabled person from childhood. Such people need constant supervision from relatives or other people (organizations). Parents of a disabled child bear great responsibility for his life and health. A huge amount of effort and energy must be spent in order for a disabled child to adapt to the environment. As a rule, the mother of a disabled child bears the heaviest burden.
Therefore, one of the parents of a disabled child is entitled to a number of benefits and rights that can be used to improve the life of the family.
What benefits and rights are entitled to the mother of a disabled child in 2021?
In accordance with the law on changes to the pension system adopted on October 3, 2021, the retirement age will not be increased, including for citizens whose pension was assigned earlier than the generally established retirement age for social reasons and health reasons, including one of the parents of disabled people with childhood, who raised them until they reached the age of 8 years (men and women), as well as guardians of disabled people from childhood or persons who were guardians of disabled people from childhood, who raised them until they reached the age of 8 years (men and women).
Among other categories of beneficiaries who will not be affected by the increase in retirement age:
- mothers of five or more children who raised them until the age of eight;
- mothers of two or more children who have the necessary work experience in the Far North or equivalent areas,
- disabled due to war trauma,
- visually impaired people of group I,
- dwarfs and midgets,
- as well as reindeer herders, fishermen and hunters permanently living in the Far North or equivalent areas.
Also among those who maintain the same retirement age are those affected by radiation accidents.
“Since this norm of the current legislation does not change, it is not mentioned in the draft federal law “On Amendments to Certain Legislative Acts of the Russian Federation on the Appointment and Payment of Pensions,” which provides for an increase in the retirement age,” explained the press service of the Ministry of Labor.
Legislative basis for early retirement for parents of a disabled child:
Legal aspect
Basic regulations on the assignment and payment of citizens' pensions apply to this situation.
This is primarily Federal Law No. 166 of December 15, 2001. The responsibilities of the parents of a disabled child are provided for by the norms of the Family Code in Article 81. According to this norm, the care and supervision of such a child requires increased attention.
The right of care for the parents of a disabled child is provided for by the rules set forth in Article 28 of Federal Law No. 173, adopted in December 2013 by Federal Law No. 400, namely, Chapter 6 defines the rules for the early exit of parents of disabled children.
Therefore, parents can retire early, women at the age of 50, men at the age of 55. Taking into account the pension reform, this age will gradually increase. So for women in 2021 it will be 50.5 years, for men – 55.5 years.
If there is one child in the family, then this right applies only to one parent. The decision about who will exercise this right is made independently by the family.
If there is more than one child in a family with disabilities, then each parent is entitled to early exit.
To obtain the right, such people must have accumulated a certain amount of work experience.
Conditions for granting an early pension to a guardian of children with disabilities since childhood in 2021
Also, the right to receive an old-age insurance pension of a previously established retirement age is enjoyed by guardians of disabled people since childhood, and by persons who have been guardians of disabled people since childhood, even if they are not such at the time of applying for a pension.
- For this category of citizens, the retirement age is reduced by one year for every one year and six months of guardianship, but not more than 5 years in total, if they have an insurance record of at least 20 and 15 years, respectively, men and women.
- The age at which the right to an early old-age pension can be exercised is determined proportionally depending on the length of the period of guardianship over a disabled child.
- In this case, a mandatory condition is the establishment of guardianship and upbringing of the child until the age of 8.
- The duration of guardianship for the right to early retirement is determined only taking into account the periods when the child was recognized as disabled.”
Features of accrual of experience for a disabled person
Work experience is required to receive a pension upon reaching a certain age. The state will partially equate you to social workers (they will count your activities and provide benefits), but this is possible when caring for not all disabled people.
1 group
This group includes people with serious illnesses due to which they cannot move independently or perform any household activities. The period of care for a disabled person of group 1 is 5 years, and the state will provide early retirement and benefits.
2nd group
Both disability groups 2 and 3 do not apply to situations where a person will be awarded benefits, because the state considers such citizens to be capable, that is, they do not need round-the-clock care. If there is evidence, this decision can be challenged.
Disabled child
A parent or guardian is entitled to experience caring for a disabled child, and the disability group is not important, and until the age of 18 they will be paid 10 thousand rubles monthly. To do this, it is enough to have in hand documents confirming the child’s disability.
What pension is available to mothers of disabled children?
Article 28 of Federal Law No. 173 gives the mother of a disabled child the right to early exit.
You are also entitled to a number of preferential and additional payments:
- monthly pension supplement in the amount of 1,478 to 2,527 rubles (the exact amount depends on whether the mother of a disabled person wants to use the social package);
- social assistance in the amount of 5,500 rubles for caring for a disabled person;
- additional payments depending on the rules established in a particular region of Russia.
The mother of a child with a disability can receive an additional 5,000 rubles in the Moscow region. In other areas there are also allowances, but the amount differs. This depends on local government regulations.
Answers to frequently asked questions about the retirement of parents of disabled children in 2021
Question No. 1: A child who turned 19 years old was assigned the second disability group. The reason is “disabled since childhood.” Does the mother of a child have the right to receive an early old-age insurance pension?
Yes, one of the child’s parents, subject to all necessary conditions, will have the right to retire early on the basis of raising a child with a disability, since the period of the child’s disability does not matter.
Question No. 2: A child with poor health was assigned disabled status for 2 years when he turned 3 years old. After 2 years, the disability was lifted. Is one of the child’s parents entitled to early retirement in old age?
Yes, one of the child’s parents, subject to all necessary conditions, has the right to apply for a pension before reaching the national retirement age, since the period the child remains on disability does not play a role.
Factors influencing the amount
The size of the mother's pension depends on the following factors:
- the amount of the usual old-age labor pension;
- payment for caring for a disabled person;
- monthly payment;
- housing benefits and taxes;
- length of work experience;
- pension points;
- wage.
If the mother has no work experience at all, then a preferential pension is still assigned.
- Only its size will be smaller.
- But if the mother could not work due to the need to constantly care for a disabled person, then she is assigned an increased care payment.
How is experience taken into account when caring for a disabled child?
The calculation of work experience is carried out in accordance with the legislative norms established in the Russian Federation. The time when an able-bodied citizen does not work due to caring for a disabled child is also taken into account . This fact is stated in:
- Article 11 of Federal Law No. 173-FZ of December 17, 2001;
- Article 12 of Federal Law No. 400-FZ of December 28, 2013
All time spent caring for a disabled minor is included in the length of service and is assigned a coefficient, which is summed up for the future calculation of pension benefits.
To count the time spent with a disabled child, you must contact the Pension Fund of the Russian Federation to submit an application. Applications are accepted if there is documentary evidence of the minor’s limited abilities. Without contacting the Pension Fund, you cannot count on years of service .
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Retirement age
At what age does the mother of a disabled child retire? In this case, a reduced age for retirement is provided - this is 50 years. But in order to exercise this right, the mere fact of disability is not enough.
3 more conditions must be met:
- insurance experience of at least 15 years (with less experience, a preferential pension for a disabled person is also entitled, but you will not be able to use the early exit option);
- raising a child from an early age (if the offspring appeared in the family of guardians when he was already over 8 years old, then the mother will not be able to retire at 50);
- timely submission of applications and documents (before turning 50 years old).
If the child was disabled for only 1 year, after which this status was lifted due to improved health, the mother also has the opportunity to retire at 50 years old.
Article 28 of Federal Law No. 173 clearly states that the age of receipt of disability and the duration of this status do not play any role:
- The mother of a child who has been disabled for 1 year and the mother of a child who has been disabled for 18 years have absolutely the same rights.
- They are both entitled to preferential benefits.
Who can count on early retirement?
The legislation establishes the following categories of citizens who can count on receiving an early pension in connection with caring for disabled children:
- Persons who are parents of a disabled child. If there is one such child in the family, then the right is granted only to either the mother or the father. This choice must be made by the parents themselves. If there are two or more disabled children in a family, then the right to early retirement is granted to each parent, that is, both mother and father.
- The right to early retirement can be granted to the guardians of a child if they have been raising him since the age of 8.
In addition, the conditions under which these persons can obtain the right to early retirement are also determined:
- If the child was assigned a disability before the age of 18, or after the age of 189 with the establishment of the category “Childhood Disability”.
- In the case of this child, the parents raised him before he reached the age of 8.
- If the candidate for this pension has work experience: women - 15 years, men - 20 years.
- If the candidate has accumulated the required pension points at the time of exit.
- If the candidate has reached the age established by law: women – 50 years, men – 55 years. Taking into account the pension reform, this age is increasing year by year.
For guardians, there are also the following additional criteria:
They can reduce their retirement age by a maximum of 5 years. If they have been caring for a disabled child for 3 years, then they can reduce the retirement age by only 2 years from the retirement age according to the general rules.
The procedure for assigning a pension to the mother of a disabled child since childhood
A pension for the mother of a child with a disability is assigned at the Pension Fund office at the place of registration.
The woman herself must initiate the appointment procedure by submitting an appropriate application. You must apply before you become eligible (that is, before you reach age 50).
The application deadline is 10 days from your 50th birthday.
- Therefore, the procedure should not be postponed.
- If you delay it, difficulties will arise with registration, and it will be very difficult to receive a preferential pension.
Features of the appointment procedure
- The day the right to a pension is registered is determined by the day the application is submitted.
Even if the registration took several days, the main day is considered to be the day when the application was accepted. - The pension is assigned from the month when the application was accepted.
The date is not important. If a person visited the Pension Fund on September 30, then pension accruals are calculated from September 1. If it arrived already on October 1, accruals begin on October 1. - To apply for disability benefits for a child, you must have an appropriate certificate of disability.
To do this, you need to undergo a medical and social examination, based on the results of which a report will be drawn up. An extract from this act is a certificate of disability.
